Decision on firefighter's grievance delayed

Dispute involves possible conflict between contract and city policy.

Dispute involves possible conflict between contract and city policy.

November 04, 2006|SUE LOWE Tribune Staff Writer

MISHAWAKA -- Members of the Mishawaka Board of Public Works and Safety won't decide whether the city's contract with its firefighters is in conflict with city policy until at least Wednesday. And they could vote to delay their decision for another week after that. Board members, who are all three city department heads, heard arguments from city staff attorney Jenny Zimmerman and Mark Boveri, the attorney for fire inspector Jeffrey Holland, on Tuesday. Holland faces an internal charge of reporting for work with a controlled substance in his system Aug. 14 when he was in a accident. He has filed a grievance, saying the city contract with Mishawaka Firefighters Association Local No. 360 requires there be "reasonable cause to believe" a firefighter is under the influence of drugs or alcohol for a test to be administered. The contract went into effect Jan. 1, 2006. The city's drug-free workplace policy, which went into effect Nov. 1, 2005, requires testing after an accident that results in an injury or vehicles being towed. Boveri argued that the union contract supersedes any rules and regulations not consistent with it. The attorneys agreed that Fire Chief Dale Freeman and two police officers who were at the scene of Holland's accident didn't see him behave in any way that made them think he was under the influence of drugs or alcohol. Lora Bentley, the city's human resources director, said during the hearing that the fact that someone is in an accident is cause to believe he or she is under the influence. Boveri argued that everyone who is in an accident is not at fault. Bentley said the city's old drug-free workplace policy required that there be "probable cause" that someone was under the influence before they were tested. She said that language was taken out of the latest form of the ordinance because it's a criminal legal term and the city isn't trying to justify a criminal charge. Bentley testified that union President Doug Gargis did not attend a meeting with union groups about the drug-free workplace policy and that although he told her later he had concerns, he did not contact her to discuss those concerns. Zimmerman argued that the union and its members should have filed a grievance within 60 days after the new policy went into effect. Boveri said that was not necessary. Holland is on paid administrative leave. Staff writer Sue Lowe: slowe@sbtinfo.com (574) 235-6557